HOUSE BILL No. 4523 March 19, 1997, Introduced by Reps. Gagliardi, Bodem and Prusi and referred to the Committee on Tourism. A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 160a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 160A. (1) SUBJECT TO SUBSECTION (2), A PERSON SHALL 2 NOT KNOWINGLY PHOTOGRAPH OR PUBLICLY DISPLAY A PHOTOGRAPH OF ALL 3 OR A PORTION OF A DECEDENT LOCATED IN A HUMAN GRAVE. 4 (2) SUBSECTION (1) DOES NOT APPLY TO A PERSON ACTING PURSU- 5 ANT TO A COURT ORDER, TO A PERSON WHO HAS OBTAINED THE WRITTEN 6 CONSENT OF THE DECEDENT'S NEXT OF KIN, OR TO A PERSON WHO PHOTO- 7 GRAPHS OR PUBLICLY DISPLAYS A PHOTOGRAPH DESCRIBED IN SUBSECTION 8 (1) FOR LAW ENFORCEMENT, MEDICAL, OR SCIENTIFIC PURPOSES. 9 (3) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY 10 PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 2 YEARS OR A FINE OF 11 NOT MORE THAN $5,000.00, OR BOTH. 02377'97 DMS 2 1 (4) AS USED IN THIS SECTION: 2 (A) "BOTTOMLANDS OF THE GREAT LAKES" MEANS BOTTOMLANDS AS 3 THAT TERM IS DEFINED IN SECTION 76101 OF PART 761 (ABORIGINAL 4 RECORDS AND ANTIQUITIES) OF THE NATURAL RESOURCES AND ENVIRONMEN- 5 TAL PROTECTION ACT, 1994 PA 451, MCL 324.76101. 6 (B) "DECEDENT" MEANS A DEAD HUMAN BEING. 7 (C) "HUMAN GRAVE" MEANS ANY OF THE FOLLOWING: 8 (i) THE SITE INTENDED FOR THE PERMANENT INTERMENT OF ALL OR 9 A PORTION OF A DECEDENT. 10 (ii) A LOCATION THAT CONTAINS ALL OR A PORTION OF A DECEDENT 11 WHO DIED IN AN ACCIDENT OR DISASTER AND FROM WHICH IT IS IMPRAC- 12 TICABLE OR NOT INTENDED TO REMOVE ALL OR A PORTION OF THE 13 DECEDENT. A LOCATION UNDER THIS SUBPARAGRAPH INCLUDES A SHIP- 14 WRECK AND THE BOTTOMLANDS OF THE GREAT LAKES UPON WHICH ALL OR A 15 PORTION OF A DECEDENT IS LOCATED, AND A MINE OR OTHER UNDERGROUND 16 LOCATION WITHIN WHICH ALL OR A PORTION OF A DECEDENT IS LOCATED. 17 (D) "PHOTOGRAPH" INCLUDES AN IMAGE ON VIDEOTAPE, MOTION PIC- 18 TURE OR OTHER OTHER FILM, OR AN IMAGE CAPTURED BY DIGITAL MEANS. 02377'97 Final page. DMS